Green Toners – Terms and Conditions | Privacy Policy

1. Introduction
   1. This website can be accessed at greentoners.co.za (the “Website”) and is owned and operated by Green Toner PTY (LTD) (RF) (Proprietary) Limited (“Green Toners (PTY) LTD”, “we”, “us” and “our”).
   2. These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the Website.
   3. These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Register Now” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
   4. The Website enables you to shop online for an extensive range of (“Goods”).
2. Important Notice
   1. These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
   2. These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –
      1. may limit the risk or liability of Green Toners (PTY) LTD
      2. may create risk or liability for the user; and/or
      3. may compel the user to indemnify Green Toners (PTY) LTD
      4. Serves as an acknowledgement, by the user, of a fact.
   3. Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
   4. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to as GreenToners (Pty) Ltd to explain it to you before you accept the Terms and Conditions or continue using the Website.
   5. Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you in terms of the CPA.
   6. GreenToners (Pty) Ltd permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.
3. Returns
   1. Please refer to our Returns Policy for more information about returning products (and related refunds, replacements or repairs).  The Returns Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).
4. Registration and use of the website
   1. Only registered users may order Goods on the Website.
   2. To register as a user, you must provide a unique username and password and provide certain information and personal details to Green Toners (PTY) LTD. You will need to use your unique username and password to access the Website in order to purchase Goods.
   3. You agree and warrant that your username and password shall:
      1. be used for personal use only; and
      2. not be disclosed by you to any third party.
   4. For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.
   5. You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.
   6. You agree to notify GreenToners (Pty) Ltd immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
   7. By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
   8. You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website.

5. Conclusion of sales and availability of stock
   1. Registered users may place orders for Goods, which Green Toners (PTY) LTDmay accept or reject. Whether or not Green Toners (PTY) Ltd, accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorisation by GreenToners (Pty) Ltd for the Goods.
   2. NOTE: GreenToners (Pty) Ltd will indicate the acceptance of your order by delivering the Goods to you or allowing you to collect them, and only at that point will an agreement of sale between you and GreenToners (Pty) Ltd come into effect (the “Sale”).This is regardless of any communication from GreenToners (Pty) Ltd stating that your order or payment has been confirmed. GreenToners (Pty) Ltd will indicate the rejection of your order (by GreenToners (Pty) Ltd itself or the Third Party Seller) by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.

3. Placing Goods in a wish list or shopping basket without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods may be removed from the shopping basket  if stock is no longer available or the price thereof might change without notice to you. You cannot hold GreenToners (Pty) Ltd or the Third Party Seller liable if such Goods are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.
4. You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. In the case of Goods for sale by Green Toners (Pty) Ltd, GreenToners (Pty) Ltd will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after you have placed an order, GreenToners (Pty) Ltd will notify you and you will be entitled to a refund of any amount already paid by you for such Goods.
5. Certain Goods may not be purchased for re-sale. Should we suspect that any such Goods are being purchased for sale, we are entitled to cancel your order immediately on notice to you.

6. Payment
   1. We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
   2. Whether the Goods are for sale by GreenToners (Pty) Ltd or a Third Party Seller, payment can be made for Goods via –
      1. debit card;
      2. Credit card: where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Goods will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;
      3. Direct bank deposit or electronic funds transfer: if you pay via direct bank deposit or electronic funds transfer, payment must be made within 5 (five) days of placing your order. GreenToners (Pty) Ltd will not accept your order if payment has not been received;
      4. Instant EFT;
   3. Delivery of goods
      1. Green Toners offers 2 (two) methods of delivery of Goods to you. You may elect delivery via:
         1. Courier to PostNet or Door

2. . Our delivery charges are subject to change at any time, without prior notice.
3. Where it accepts your order, GreenToners (Pty) Ltd will deliver the Goods to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment (“Delivery Period”).
4. GreenToners (Pty) Ltd obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order. Green Toner (Pty) Ltd is not responsible for any loss or unauthorised use of a product, after it has delivered the product to the physical address nominated by you.

8. Errors
   1. We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy.

9. Privacy policy
   1. We respect your privacy and will take reasonable measures to protect it, as more fully detailed below.
   2. Should you decide to register as a user on the Website, we may require you to provide us with personal information which includes but is not limited to –
      1. your name and surname;
      2. your email address;
      3. your physical address;
      4. your gender;
      5. your mobile number; and
      6. your date of birth.
   3. Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information.
   4. You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
   5. We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property. In the event of a fraudulent online payment, GreenToners is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.
   6. We will ensure that all of our employees, third party service providers, divisions, affiliates and partners (including their employees and third party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality obligations in relation to your personal information.
10. Changes to these Terms and Conditions
    1. GreenToners (Pty) Ltd may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.
    2. Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.
11. Electronic communications
    1. When you visit the Website or send emails to us, you consent to receiving communications from us or any of our divisions, affiliates or partners electronically in accordance with our privacy policy as set out in clause 15 above.
12. Ownership and copyright
    1. The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of Green Toners (PTY) LTD, its advertisers and/or sponsors and/or is licensed to Green Toners (PTY) LTD
    2. You will not acquire any right, title or interest in or to the Website or the Website Content.
    3. Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law.

13. Disclaimer
    1. The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
    2. Green Toners (Pty) Ltd disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.
14. Limitation of liability

GreenToners (Pty) Ltd cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of Green Toners (Pty) Ltd, its employees, agents or authorised representatives.

1. YOU HEREBY INDEMNIFY GREENTONERS AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.

15. Availability and termination
    1. We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.
    2. GreenToners (Pty) Ltd may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that GreenToners (Pty) Ltd will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.

16. Governing law and jurisdiction
    1. These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.

2. Nothing in this Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.

17. Notices
    1. GreenToners (Pty) Ltd hereby selects shop 14, 161 main road,Malvern,4093,  as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). GreenToners (Pty) Ltd may change this address from time to time by updating these Terms and Conditions.

18. Information

For the purposes of the ECT Act, GreenToners (Pty) Ltd information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:

1. Full name: Green Toners (Pty) Ltd, a private company registered in South Africa with registration number 2018/447266/07
2. Main business: Online retailer
3. Physical address for receipt of legal service (also postal and street address): Shop 14, 161 Main Road, Malvern, 4093\
4. Office bearers: Kevin Reddy, Justin Ramalingam
5. Phone number: 031 4633 889
6. Email address : info@greentoners.co.za

19. General
    1. GreenToners (Pty) Ltd may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.